HELENA, Mont. — A federal jury found earlier this week that BNSF Railway contributed to the death of two people who were exposed to asbestos when mining material was shipped through the town of Libby, Mont., and awarded $4 million each in compensatory damages to the estate of the two plaintiffs, who died in 2020
The Associated Press reports that the railroad did not act intentionally or with indifference, so no punitive damages were awarded. BNSF’s attorney had argued the railroad should only be held liable if it could have foreseen the health hazards of the vermiculite it hauled based on the information available at the time [see “BNSF states it was unaware of asbestos contamination …,” Trains News Wire, April 22, 2024].
The two victims died from mesothelioma, a lung cancer linked to asbestos exposure. Their estates argued the railroad knew the vermiculite was dangerous and failed to clean it up.
The case is the first of several against the railroad to reach court regarding its past operations in Libby. BNSF is considering an appeal.
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